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STATE v. ROBINSON

No. 50265S; CA A29412.

678 P.2d 270 (1984)

67 Or.App. 391

STATE of Oregon, Respondent, v. William Weaver ROBINSON, Appellant.

Court of Appeals of Oregon.

Decided March 14, 1984.

Attorney(s) appearing for the Case

Jerry Kobelin, Portland, argued the cause for appellant. On brief was Michael J. Kavanaugh, Portland.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, Presiding Judge, and WARREN and ROSSMAN, Judges.

PER CURIAM.

Defendant seeks reversal of his conviction for driving under the influence of intoxicants. ORS 487.540. He contends that, because the prosecutor voiced no objections, it was error to deny his motion to exclude witnesses. In support of his contention, defendant relies on State v. Bishop, 7 Or.App. 558, 492 P.2d 509 (1972), in which we held that, when a trial court fails to grant an unopposed motion to exclude witnesses...

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